Calculating FML hours

HGHAHR · November 2003

This seems like a simple question, but I can't find a definitive answer anywhere. When adding up FML hours, should I be counting holidays where we are closed for business?

santire · November 2003

The DOL has determined that when computing employee leave amounts, the fact that a holiday occurs within the week taken as FMLA leave has no effect so the full week is counted as a week of FMLA leave. On the other hand, if the employer's business activity has temporarily ceased and employees generally are not expected to report for work for one week or more (such as for holidays, seasonal breaks, or plant repairs), the days the employer's activities cease do not count against an employee's FMLA leave entitlement. This is apparently a compromise position by the DOL on when to count holidays as FMLA and when to not so count them.

Don D · November 2003

Santire: How does that wash with the fact that employees on leave (including those on FMLA) get paid for holidays? Does that matter, or is it just a day of paid FMLA?

mushroomHR · November 2003

In our company employees get paid for holidays when they are on FML. I consider it paid FML and count the day towards their FML usage. What do others do?

WO · November 2003

MushroomHR,

Our employees are paid for holidays only if they are on paid (vac, sick leave) on the days prior to and after the holiday. Therefore as FMLA runs concurrently it is possible they are paid for the holiday during their FMLA leave. But we have many instances where an employee has exhausted paid leave and is still enjoying FMLA in these cases the holiday is not paid.

HGHAHR · November 2003

Santire: Thanks for the info. That was my guess, but I couldn't find it documented anywhere.

Calculating FML hours

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